Trustee lease

Before you can apply you must read the information contained on this page and accept these terms by using the <Agree> button at the base of this page. This will allow you to access the application form.

The trustee must make the application, not the proposed trustee lessee.

A trustee can lease all or part of the trust land. Recent changes to the Land Act 1994 have removed requirements for trustees who are the state or statutory body (as defined under the Act) to seek approval for trustee leases where they meet section 57 of the Act.

Trustees with written authorities may also be eligible where they meet the Act. Other trustees must still obtain written approval from the Department of Resources.

This application form does not apply to land in trust for Aboriginal and Torres Strait Islander people and associated purposes that are administered under the Aboriginal Land Act 1991 and Torres Strait Islander Land Act 1991.

Before applying

• Use the self-assessment tool to identify if approval from the Department of Resources is required for the proposed trustee lease.
• Local government trustees are encouraged to read Managing actions consistent and inconsistent with the purpose of trust land (PDF, 167KB) for guidance on meeting the requirements of the Act.
• If you have questions, or the self-assessment tool has indicated you will require approval, contact the department to discuss the proposed lease and to ensure you have the information you need to apply correctly.
• If you aren't certain, contact the Department to confirm whether a land management plan is required.
• Negotiate a draft trustee lease.

Plan or map of the lease area

You may be required to provide a survey plan or sketch map of the proposed lease area. The Registrar of Titles directions for the preparation of plans (see section 5.7) will help you determine the most appropriate map or plan to prepare.

Prescribed terms

A trustee lease is subject to the prescribed terms in Schedule 3 of the Land Regulation 2020.

The prescribed terms framework aims to protect and clarify state and community interests in land that is subject to a trustee lease or trustee lease sublease created under the Land Act 1994. The prescribed terms:

• define the legal requirements for entities holding a trustee lease or trustee lease sublease
• ensure that the state's interest and public benefit assigned to the land is protected.

From 1 July 2020, the framework for prescribed terms replaced the mandatory standard terms document 711932933 (MSTD) that previously applied to these types of leases. Existing trustee leases or trustee lease sublease documents registered prior to 1 July 2020 are subject to the prescribed terms regardless of the MSTD.

If a definition or clause in the trustee lease document or a standard terms document is inconsistent with the prescribed term, the prescribed term prevails to the extent of the inconsistency.

You can apply either:

• online
• by printing and completing PDF application forms.

Online applications

To submit your online application, you'll need:

• a draft trustee lease document
• copy of the land management plan if it exists or has been drafted.

The application must be signed (electronically) by the applicant or a legal practitioner on behalf of the applicant and will be lodged automatically through the online process.

Within the online application, there is a help guide to assist you to complete your application.

PDF applications

To submit your PDF application, you'll need:

• Trustee lease (PDF) application form
• Contact and land details (online or  PDF) application form
• a draft trustee lease document
• copy of the land management plan if it exists or has been drafted.

Once completed, your PDF application forms can be lodged by:

• using the online Part A - Contact and land details application form
• emailing SLAMlodgement@resources.qld.gov.au
• posting it to Department of Resources, PO Box 5318, Townsville QLD 4810.

This application does not require payment of an application fee.

We will assess your application against legislative requirements. We may seek the views of other stakeholders (e.g. state, regional and local agencies) and inspect the land if required.

Policies and legislation

• Section 57 of the Land Act 1994
• Land Regulation 2020
• Managing actions consistent and inconsistent with the purpose of trust land (PDF, 167KB)

Native title

The trustee is responsible for assessing native title and addressing any native title issues before the start of the trustee lease. The trustees granting a trustee lease over trust land must be taken in a way not inconsistent with the Native Title Act 1993 (Cth).

Once we have received the advice of other stakeholders and all issues have been investigated, we will send you a written notice of the decision. Your application may be:

• approved
• approved over a reduced area (approved in part)
• refused.

The department’s approval of a trustee lease may be subject to conditions; for example, a management plan for the trust land may be required

If approved, you will be provided with a Titles Registry Form 18—General consent.

For the trustee lease to be valid, you must register it with the Titles Registry.

Information on this form, and any attachments, is being collected to process and assess your application under section 57 of the Land Act 1994. The consideration of your application may involve consultation, and if so details of your application may be disclosed to third parties. They will not be otherwise disclosed outside the department unless required or authorised by law.

We may wish to contact you to seek your views on our service, to advise you of any legislative changes that might affect you, or to seek your participation in surveys or programs relevant to your application type. Any participation will be voluntary, and you may email stateland@resources.qld.gov.au if you do not wish for the department to contact you.

We may also compile or analyse statistics and conduct research. Any publication of findings will not involve the publication of identifying personal information.

In terms of the Right to Information Act 2009 interested parties may seek access to the department’s records and view relevant documents.